HKSAR v. NGIE HON MIU

CACC 263/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 263 OF 2012

(ON APPEAL FROM HCCC NO. 400 OF 2011)

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DECISION ON COSTS

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Hon Lunn VP (giving the Judgment of the Court) :

1.  By our Judgment, dated 11 January 2016, we quashed the appellant’s conviction after trial by the judge and jury of a conspiracy to unlawfully traffick in a dangerous drug and ordered an expedited re-trial.

2.  In compliance with our directions in respect of the timetable for filing written submissions in support of and in response to an application for costs by the appellant, written submissions were filed by Mr Grounds on behalf of the appellant on 20 January 2016 and in response by Ms Lai on 1 February 2016.

3.  Ms Lai does not oppose the application made on behalf of the appellant for an order of costs in his favour for the appeal and the trial in the court below.

Conclusion

4.  We are satisfied that is the appropriate order and we make an order of costs in favour of the appellant for the appeal and the trial, to be taxed if not agreed.

5.  Given that not only have we ordered that there be a re-trial but that the hearing of the re-trial be expedited, we order that, if the parties are unable to agree on the quantum of costs, taxation of costs is to be expedited.